Frequently Asked Questions about HB257
Updated as of February 19, 2024
HB257 restricts which changing rooms individuals can use on campus based on their sex at birth. This bill went into effect on Jan. 30, 2024. Below are some frequently asked questions.
Can a transgender individual use the restroom that aligns with their identity, rather than their sex at birth?
HB257 still permits individuals to use the restroom that aligns with their identity, rather than their sex at birth on campus, so long as the restroom is not attached to a changing room. Different rules apply in the K-12 setting. WSU will be working with NUAMES to determine how this law will affect restrooms and changing rooms they use.
Can a transgender individual use a changing room that aligns with their identity, rather than their sex at birth?
HB257 requires transgender individuals to use the changing room that matches their sex at birth, unles they have both 1) changed the sex on their birth certificate, and 2) undergone a primary sex charactersitic surgical procedure. Anyone may still use unisex and single occupancy locker and changing rooms on campus.
When else may someone get in trouble for inappropriate usage of a changing room?
HB257 amends the lewndess statute to make the common area of changing room a public place. This means that all sexes are prohibited from engaging in lewd behavior in the common area of a changing room. HB 257 also prohibits all sexes from loitering in changing rooms.
What is a changing room?
Changing rooms are defined as shared spaces designated for multiple individuals to dress and undress. This includes dressing rooms, fitting rooms, locker rooms, and shower rooms. A changing room with a restroom in or attached to it is considered a changing room.
How does HB257 define sex?
HB257 defines "sex" as the individual's biological sex at birth.
What restroom and changing room options does WSU offer for those who would prefer additional privacy?
In addition to its many multiple stall restrooms and changing rooms, WSU also provides a number of single-stall unisex restrooms. A list of those facilities can be found here.
What if I need to be in a changing room to assist a minor child or to do my job?
The law allows minor children, dependent minors, dependent adults, or patients to use the changing room that corresponds with the sex of the caregiver entering the changing room with them. It also allows employees whose job it is to provide maintenance or cleaning to enter any changing room.
Where can I go for assistance if I need help understanding what to do or need other help using facilities on campus?
The Dean of Students Office, Human Resources, the Swenson Gym, and the LGBTQ+ Center are all resources individuals can use in finding help with restrooms or changing rooms on campus.
What may happen if I use a WSU changing room that does not match my sex?
Under HB257, an individual who uses a changing room that does not corresponde with their sex at birth could be charged with loitering or trespassing. Additionally, an individual who exposes themselves in the common area of a changing room or restroom that does not align with the sex-designation of the space may be charged with lewdness.
The information above is for general overview purposes only and does not constitute legal advice. Each situation is different and legal review is fact-specific. Consult law and policies for specific information.